Board of Directors

“Open” vs “Executive Session” Meetings of an HOA’s Board of Directors Perhaps because homeowners associations are often viewed and characterized as private governments or quasi-public bodies, most meetings of the board of directors of a homeowners association are required to be open to attendance by the association’s members and state ...
Read More

8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
Read More

8 Steps HOA Boards Can Take to Minimize the Risk of Fraud & Embezzlement Because they rely heavily on volunteer homeowners with varying background experience and limited time that is devoted to providing services as a director, Homeowners Associations are extremely vulnerable to financial damage as a result of criminal ...
Read More

An Effective Strategy for Dealing with "Out-of-Control" Board Members It is not uncommon for homeowners associations to have certain volunteer members that appear to have control over the entire operations of their homeowners association. This typically occurs when such members have been elected to the board of directors year after ...
Read More

Association Member Rights to Speak at Board of Director Meetings The rules pertaining to a homeowner association member’s rights to speak at meetings of the Association’s board of directors will be defined by the laws of the state where the association is located and the provisions contained in the association’s ...
Read More

Association Member's Attorney Properly Excluded from Board of Directors Meeting A California Fourth Appellate District Court ruled that a homeowners association properly excluded a member’s attorney from a meeting of the association’s board of directors. After the association’s board of directors refused to allow a member’s attorney to attend a ...
Read More

CA Ct. Says Protections of “Business Judgment Rule” Require Showing of Reasonable Diligence This case involved an action by a homeowners association (“Association”) against an individual homeowner and pertains to claims relating to actions that she took while serving as an officer and director of Association. Association alleged that the ...
Read More

California Court Clarifies “Business Judgment Rule” re Personal Liability of Directors by Lawrence Szabo, Esq. | Apr 3, 2014 Unpublished California Appellate Court decision (entered April 2, 2014): This case involved an action by an owner against the Association and individual members of the Association’s board of directors based on ...
Read More

Colorado Ct. Says HOA Can be Enjoined From Holding Special Board Meetings Without Proper Notice In this case, the owners of several separate interests within a common interest community sought injunctive relief from the court in an effort to enjoin the homeowners association from conducting special meetings of the board ...
Read More

Court Defers to HOA Board on Owner's Right to Operate Winery within Community This case involved a dispute between a group of homeowners (“Plaintiffs”), their homeowners association (“Association”), individual members of Association’s board of directors (“Directors”), and other homeowners who were operating a vineyard on their property for the purpose ...
Read More

Court Rules Unilateral ARC Decision is Not Valid Declaration provided from the creation of an Architectural Review Committee (“ARC”) consisting of at least 3 members. If no committee was appointed by the Board, the Executive Board would perform all duties of the ARC. During period of Declarant control, the Declarant ...
Read More

Court Ruling Decides if HOA is in Violation of Fair Housing Amendments Act This case involved a dispute between a homeowners association (“Association”) and a disabled condominium owner (“Owner”) over an accommodation that was requested by Owner due to a disability. Owner, who suffers from pulmonary hypertension and other disabilities, ...
Read More

Court Says Association's Architectural Review Decision is Protected by Business Judgment Rule This case involved a dispute between husband and wife homeowners ("Owners") and their homeowners association ("Association") over Association's denial of their request to construct a garage on their property. The proposal by Owners was to construct a three-car ...
Read More

Court Says Association’s Actions Were Protected by the “Business Judgment Rule” New York Supreme Court, Appellate Division decision (October 18, 2017). In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach ...
Read More

Court Says Association’s Actions Were Protected by the “Business Judgment Rule” In this case homeowners sued their homeowners association and the individual members of the association’s board of directors for damages based on claims of breach of contract and breach of fiduciary duties.  Interestingly, the plaintiffs’ claims against the association ...
Read More